Months of pre-trial legal arguments begin in earnest this morning when James Holmes, the man accused of killing 12 people and wounding 58 others in a July 20 shooting rampage at a movie theater in Aurora, Colo., appears in an Arapahoe County, Colo., court.

But a trial is still months, if not longer, away. Kirk adds that "after Monday's hearing, attorneys on both sides will continue combing through thousands of pages of police reports and evidence." And, legal experts say "defense attorneys might try to paint Holmes as someone who is deeply troubled and unfit for trial."

As for what type of punishment prosecutors will seek, University of Colorado, Boulder, sociology professor Michael Radelet tells Kirk he thinks prosecutor Carol Chambers will not go for the death penalty. Radelet, an expert on capital punishment, says that because such cases can take decades and cost millions of dollars to prosecute, the district attorney will seek life in prison.

Kirk adds that Colorado "has had only one death row execution since 1967."

"Expects 12, first-degree murder charges. He expects 12 charges of extreme indifference homicide, for shooting into a crowded theater. Robinson also said he expects at least 58 charges of attempted murder. He added that several charges of first and second degree assault are also likely.

"First degree murder convictions aside, Robinson says if convicted of all 58 attempted murder charges and first degree assault charges, the suspect could be sentenced to more than 4,600 years in prison."

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